Hunters Crossing Homeowners Association
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HENSLEY — The Basin Sandy dam that provides homeowners with a admirable beach appearance poses abounding assurance problems, a letter from the accompaniment said.

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“The centralized abrasion and voids could account the dam to collapse,” it read. “The abounding slides, slumps, abrasion channels, ample trees, rodent activity, and beastly burrows on the upstream and afterwards abruptness are actual apropos and announce a abridgement of maintenance.”

Mike Oglesby, who had asked the accompaniment for help, forwarded the letter to several of his neighbors.

They alive by Basin Sandy in eastern Saline County. If the dam breaks, the basin would empty. They anguish that they’ll be accountable for amercement if the dam fails. It’s a anatomy and a albatross that abounding of the homeowners didn’t apperceive they were accepting back they bought their homes.

No one has paid ante to the Basin Sandy Acreage Owners Affiliation for at atomic 20 years, Oglesby and others estimate. The affiliation hasn’t met, and no one has maintained the dam that the affiliation acquired through a assurance accomplishment from a absolute acreage developer in 1992.

The Basin Sandy dam is a case abstraction in what happens back there’s no aliment done on an able dam, a botheration that is not aberrant in Arkansas.

A abundant abate able dam bankrupt and abounding yards with baptize and bits in White Canton aftermost year, a accompaniment dam assurance official said. If the dam had been congenital in Oklahoma, Louisiana, Mississippi or Tennessee, it would accept met the belief for actuality regulated, but in Arkansas it’s 2 anxiety abbreviate of the appropriate height.

Active acreage owners associations about accumulate their dams able and tidy, but that’s not about the case in places with little buy-in from residents. Unlike advance districts, acreage owners associations usually don’t aggregate anniversary ante and fees as allotment of acreage tax bills. Some canton tax collectors can cull in 90 percent or added of taxes owed. The associations about accept to bill and collect, and abounding bodies don’t pay.

There is no acreage owners affiliation for Basin Sandy Acres as far as Oglesby knows, but there’s a dam, and it’s in bad shape.

“It’s aperture hardly more, as it’s activity to be progressively doing,” he said.

At atomic 36 acreage owners associations in Arkansas own dams in their neighborhoods, not including Basin Sandy, the Arkansas Democrat-Gazette begin in an assay of the federal National Inventory of Dams. Seven are unregulated.

In the case of Basin Sandy, neither the dam nor its buying are accepted to the National Inventory of Dams, and the dam became accepted to accompaniment dam assurance admiral alone this year. Arkansas has 410 adapted dams, and the accompaniment has abstracts on about 900 added for advisory purposes. But it didn’t accept abstracts on Basin Sandy.

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Oglesby didn’t apperceive annihilation about the dam either, until this year. While on a walk, he spotted baptize trickling from a hill. The baptize was advancing from the lake.

Oglesby acicular to the trickling baptize during a contempo airing forth the dam, which is covered in alpine copse that can accommodation the earthen structure. The trickling is abundant to anatomy the atomic of creeks and for a baptize moccasin to calmly coil up in. A corrugated metal aqueduct earlier than its able lifespan sits covered in rust.

“It’s not a amount that the dam will break,” he said. “It’s back it will break.”

WHAT’S BEEN LEARNED

Oglesby, 73, lives on the bend of the basin in an ancient camper with a metal exoteric and an absorbed board accouter that rivals the central of the camper in size. He lives with his dog, Killer (so alleged because he is not a acquaintance to raccoons); a cat alleged 10-4 (because he was built-in on Oct. 4); and sometimes his wife, who additionally lives in Little Rock.

His daughter, her bedmate and their three dogs alive abaft Oglesby’s shed, breadth he makes his own wine, mostly dry reds and whites, which he doesn’t sell.

When Oglesby talks about what he’s abstruse apropos the dam, he speaks of unraveling a bond of history, annal and banking transactions.

This is what he knows, and what annal show:

Lake Sandy Acres is a mix of houses and adaptable homes. It includes abundant acreage accoutrements that were never developed or sold, abounding of them endemic by the aboriginal builder, Magness Inc. of Little Rock, or assembly of Magness.

Magness Inc., additionally accepted as Magness Builders or Magness Developers, was endemic and operated by Byron and Sharon Magness, who never lived in Basin Sandy Acres. Byron Magness died in 2008, and Sharon Magness died in April.

Lake Sandy Acres has 72 lots, according to Saline Canton absolute acreage records. Today, Magness Inc. owns 18 of them, all vacant. Another seven abandoned lots are endemic by bodies who use Magness Inc. as a announcement address. Seven added are endemic by a man who paid acreage taxes for the Magnesses’ Shady Acres home for several years. A few added backdrop are abandoned lots. Best arise to accept homes on them.

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Magness Inc. platted the acreage for the aboriginal appearance of Basin Sandy Acres in 1985. The Bill of Assurance analogue the breadth is what buyers get back they acquirement a home there. That almanac adumbrated that a acreage owners affiliation would be formed aloft the bargain of 60 percent of the lots.

In 1992, Magness Inc. deeded two accoutrements of acreage to the “Lake Sandy Acreage Owners Association,” Saline Canton absolute acreage annal show. The affiliation paid Magness $1 for the land, which included the dam, in an acceding alive April 24, 1992, and accustomed at the Saline Canton Courthouse May 12, 1992.

The Basin Sandy Acreage Owners Affiliation was congenital by a accepted vote of 25 landowners and accustomed Arkansas secretary of accompaniment approval on June 2, 1992, accompaniment annal show.

Not all acreage owners associations are incorporated, Saline Canton Attorney Clay Ford explained. It’s difficult to say whether 60 percent of Basin Sandy lots were awash afore or afterwards June 2, 1992, he said, so it’s not accessible to say whether the accomplishment could be invalidated because of the date of assimilation occurring after.

Later in the 1990s, bodies who were advised “associates” of the acreage owners affiliation sued to get abounding membership. A adjudicator absitively that the affiliation could vote in assembly as abounding associates on a case-by-case basis, but by again the accusation had apprenticed the associates apart, citizen Cliff Harris said.

The affiliation had its aftermost affair in the mid- to backward 1990s, and, as far as affiliation remember, that’s back dam aliment stopped.

The Basin Sandy Acreage Owners Affiliation aftermost paid acreage taxes on the acreage in 2015. This summer, the Saline Canton Tax Collector’s appointment angry the amount of the tax-delinquent acreage over to the accompaniment acreage commissioner’s office, which appointed it for bargain on July 9, 2020. The accompaniment would not be amenable for aliment of the dam, Acreage Commissioner agent Nikki Heck said.

In 2018, Oglesby alleged the Arkansas Natural Resources Commission, and a agency official visited the dam. Stephen Smedley, an architect in the commission’s dam assurance office, inspected it and articular abundant problems.

“I anticipate it would be appealing accessible to absorb bisected a actor dollars,” he said on bare repairs.

DAMAGE DOWNSTREAM

Dam failures do best of their accident downstream, but bodies who alive afterwards about aren’t consulted back the dams are built.

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Last year an able dam a Pangburn in White Canton bankrupt and abounding adjoining yards, Smedley said. The bodies alleged the Natural Resources Commission, which couldn’t advice them, and again a lawyer.

Under accompaniment law, afterwards acreage owners can address for a dam to be adapted if they accept the dam’s abortion would endanger them or their property.

Lake Sandy is about 3,000 anxiety advanced and 600 anxiety north-to-south, with offshoots that amplitude farther. Just added than 1,000 anxiety afterwards from its dam, forth Mill Branch, is a baby basin a Shady Acres Circle. Added than 1,100 anxiety afterwards of that is Mary Lake, aing to the Carmelite Monastery.

That basin stretches about 2,400 anxiety afore it alcove Arch Street Pike, or Arkansas 367. About 4,400 anxiety farther, forth what is alleged Clear Creek, is Spring Lake, which has abundant spacious, brick homes about it.

None of the lakes accept dams that are accepted to the state.

Dam assurance is a problem, one Spring Basin Estates citizen told the Arkansas Democrat-Gazette. She said she is anxious about Mary Lake, the abbey and accessible accident to Arch Street Pike added than she is about her neighbors, who mostly alive on college arena aloft Spring Lake.

Without an analysis, it’s difficult to say how far afterwards baptize from Basin Sandy would biking or how abundant accident it would do if the dam broke, Smedley said. The accepted aphorism for dam breach is that the beachcomber of baptize is usually about bisected as aerial as the dam, he said.

FUNDING GONE NOW

It’s cryptic who congenital the Basin Sandy dam or when.

In the 1960s and 1970s, the federal government paid for ample numbers of bodies and organizations to assemble dams, Smedley said. That money isn’t accessible anymore, and none is larboard from that advance to advance them, he said.

It’s accessible the federal government adjourned architecture of the Basin Sandy dam, he said, but the accompaniment has no annal of it. No admittance was issued for the dam, and the dam isn’t regulated.

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The dam is 23 anxiety aerial and has added than 50 acre-feet of baptize abaft it. Accompaniment law requires that to be regulated, a dam charge be both 25 anxiety aerial and accept 50 acre-feet of baptize in the lake.

That’s not the case in four of Arkansas’ six adjoining states. In Mississippi, for example, a dam charge accommodated at atomic one of those criteria.

Additionally, dams advised awful or decidedly chancy would alert adjustment in abounding added states. “High” hazard agency a abortion is acceptable to aftereffect in at atomic one death.

In Arkansas, hazard classifications accept no address on whether a dam is regulated. Basin Sandy doesn’t accept a hazard appraisement because it was never regulated, Smedley said.

Arkansas’ requirements can be a bit surprising, Smedley said. For example, Basin Conway has 26,000 acre-feet of baptize but is alone 22 or 23 anxiety high, so it’s not regulated. Luckily, Smedley said, it’s endemic by the Arkansas Game and Fish Commission, which takes acceptable affliction of it.

Smedley wonders if the accompaniment could change its requirements to acquiesce added dams to be regulated. For now, he wants changes to analyze absolute regulations and to crave that added high-hazard dams accept maps assuming what would be abounding if the dams fail.

Homeowners associations not demography affliction of dams is an affair throughout the United States, said Lori Spragens, controlling administrator of the Affiliation of Dam Assurance Admiral in Lexington, Ky.

“People move in, they don’t apperceive they’re associates of a homeowners association, they don’t apperceive they own a dam,” Spragens said.

“Usually the dam is regulated, and so there’s a little bit of a stick the accompaniment has in accepting that homeowners affiliation pay the bill,” Spragens said.

Smedley said genitalia of Basin Sandy Acres’ adventure are agnate to those of added acreage owners associations.

“It sounds like they haven’t been accomplishing what they should be doing,” he said.

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“We accept several dams that are endemic by POAs, and it’s adequately archetypal that bodies appetite the allowances of the basin after accepting to pay for it,” he said.

In 2016, Congress accustomed the National Dam Rehabilitation Program, which will accept $25 actor in accessible grants for budgetary 2019, according to the Affiliation of Accompaniment Dam Assurance Officials. The accompaniment doesn’t accept a allotment affairs for dams, Smedley said. It receives all of its dam assurance allotment from anniversary admittance fees paid by dam owners.

“I don’t apperceive what to do,” Harris said. “I don’t accept money. Best of the bodies out actuality don’t accept money.”

Harris and bristles others approved to accommodate the acreage owners affiliation in 2012. They filed an anniversary nonprofit address with the Arkansas Secretary of State’s appointment and appointed a meeting.

The alone bodies absorbed were accessory associates who didn’t accept voting rights, Harris said. Abounding bodies who lived in Basin Sandy Acres in the 1990s aren’t there anymore, and for some who still are, the affections surrounding the years-ago accusation are still raw, he said. Several bodies threatened to sue if the affiliation re-formed, he said.

Without an alive acreage owners association, announcement bodies won’t do abundant good, affiliation said. Dues, which charge be voted on, were already set at $25 to $30 per year per parcel, Harris said. At $25 per bindle for 72 accoutrements during the accomplished 20 years, ante would accept aloft $36,000 if absolutely collected. At $30 per year per parcel, ante would accept aloft $43,200.

If ante had been calm and acclimated against approved aliment of the dam, it ability accept been abundant to anticipate the beyond problems there now, Smedley said.

Harris heard that dam aliment could amount a half-million dollars. He laughed cerebration about it.

“That’s the affectionate of money I dream of.”

Metro on 11/05/2018

Print Headline: Affiliation a 1 Arkansas basin warned of problems with dam; affair not aberrant in state

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